2022 -- H 7512

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LC004638

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS--PORTSMOUTH

MUNICIPAL COURT

     

     Introduced By: Representatives Cortvriend, McGaw, Donovan, and Edwards

     Date Introduced: February 16, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-2-62 of the General Laws in Chapter 45-2 entitled "General

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Powers" is hereby repealed.

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     45-2-62. Town of Portsmouth -- Municipal court.

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     (a) The town council of the town of Portsmouth may establish a municipal court and confer

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upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to

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hear and determine causes involving the violations of any ordinance, including minimum housing

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ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

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"Rhode Island Housing Maintenance and Occupancy Code"; provided, however, that any defendant

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found guilty of any offense, excluding violation of the minimum housing ordinances or chapter

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24.3 within the jurisdiction of the court, may, within seven (7) days of conviction, file an appeal

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from the conviction to the superior court for Newport County and be entitled in the latter court to

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a trial de novo; and provided further, however, that any defendant found guilty of any violation of

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a minimum housing ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file

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an appeal from the conviction to the second division of the district court and be entitled to a trial

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de novo in accordance with §§  8-8-3(a)(4) and 8-8-3.2.

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     (b) With respect to violations of either municipal ordinances dealing with minimum

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housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the

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town council may also confer upon the municipal court, in furtherance of the court's jurisdiction,

 

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the power to proceed according to equity:

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     (1) To restrain, prevent, enjoin, abate or correct a violation;

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     (2) To order the repair, vacation or demolition of any dwelling existing in violation;

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     (3) To otherwise compel compliance with all of the provisions of the ordinances and

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statutes.

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     (c) The municipal court shall have concurrent jurisdiction with the Rhode Island traffic

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tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated

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in § 8-18-3. Adjudication of summons by the municipal court shall be in conformance with § 8-18-

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4. The municipal court shall hear and decide traffic matters in a manner consistent with the

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procedures of the traffic tribunal, and be subject to review by the chief magistrate of the traffic

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tribunal in accordance with § 8-18-11. Any person desiring to appeal an adverse decision of the

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municipal court for violations enumerated in § 8-18-3, may seek review thereof pursuant to the

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procedures set forth in § 31-41.1-8.

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     (d) The town council of the town of Portsmouth is authorized and empowered to appoint a

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judge and clerk of the municipal court. The town council is authorized and empowered to enact

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ordinances governing the personnel, operation and procedure to be followed in the court and to

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establish a schedule of fees and costs, and to otherwise provide for the operation and management

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of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and

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impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to

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administer oaths, compel the attendance of witnesses and punish persons for contempt and to

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authorize and execute search warrants to the extent the warrants could be authorized and executed

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by a justice of the district court.

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     SECTION 2. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

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amended by adding thereto the following section:

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     45-2-62.1 Town of Portsmouth -- Municipal court -- Municipal housing court.

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     (a) The town council of the town of Portsmouth may establish a municipal court and confer

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upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to

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hear and determine causes involving the violation of any ordinance; provided, however, that any

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defendant found guilty of any offense, excluding violations outlined in subsection (b) of this

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section, may, within seven (7) days of conviction, file an appeal from the conviction to the superior

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court and be entitled in the latter court to a trial de novo.

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     (b) The town council of the town of Portsmouth may establish a municipal housing court

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and confer upon the court original jurisdiction, notwithstanding any other provisions of the general

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laws, to hear and determine causes involving the violation of the zoning ordinances of the town and

 

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any violation of the provisions of chapter 24 of this title (the "Rhode Island zoning enabling act of

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1991"); any violation of chapter 24.1 of this title (the "historical zoning act"); any violation of

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chapter 24.2 of this title ("minimum housing standards act"); any violation of chapter 24.3 of this

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title ("housing maintenance and occupancy code"); any violation of chapter 23 of this title

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("subdivision and land development act"); any violation of any local Portsmouth ordinance or

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regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3

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of title 23 (the "Rhode Island state building code"); and any violation of the provisions of those

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regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state

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building code; SBC-2 Rhode Island state one- and two (2)-family dwelling code; SBC-3 Rhode

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Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state

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electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy

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conservation code; and SBC-20 Rhode Island state fuel and gas code; and provided, further, that

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any party aggrieved by a final judgment, decree, or order of the Portsmouth housing court may,

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within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the superior

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court and be entitled in the latter court to a trial de novo.

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     (c) With respect to violations falling under the jurisdiction of the Portsmouth housing court,

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as outlined in subsection (b) of this section, the town council may also confer upon the housing

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court, in furtherance of the court's jurisdiction, the power to proceed according to equity:

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     (1) To restrain, prevent, enjoin, abate, or correct a violation;

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     (2) To order the repair, vacation, or demolition of any dwelling existing in violation;

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     (3) To otherwise compel compliance with all of the provisions of those ordinances,

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regulations, and statutes; and

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     (4) To order a dwelling into receivership and to order the removal of any cloud on the title

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to the building or property that shall be binding upon all those claiming by, through, under, or by

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virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

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     (d) The municipal court shall have concurrent jurisdiction with the Rhode Island traffic

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tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated

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in § 8-18-3. Adjudication of summons by the municipal court shall be in conformance with § 8-18-

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4. The municipal court shall hear and decide traffic matters in a manner consistent with the

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procedures of the traffic tribunal, and subject to review by the chief magistrate of the traffic tribunal

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in accordance with § 8-18-11. Any person desiring to appeal from an adverse decision of the

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municipal court for violations enumerated in § 8-18-3, may seek review thereof pursuant to the

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procedures set forth in § 31-41.1-8.

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     (e) The town council of the town of Portsmouth is authorized and empowered to appoint a

 

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judge and clerk of the municipal court. The town council of the town of Portsmouth is also

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authorized to appoint a judge and clerk of the housing court, who may be, but is not required to be,

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the same person(s) holding the judgeship over the municipal court. The town council is authorized

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and empowered to enact ordinances governing the personnel, operation, and procedure to be

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followed in the court and to establish a schedule of fees and costs and to otherwise provide for the

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operation and management of the court. The municipal court may impose a sentence not to exceed

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thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The

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court is empowered to administer oaths; compel the attendance of witnesses; punish persons for

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contempt; and to execute search warrants to the extent the warrants could be executed by a judge

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of the district court.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS--PORTSMOUTH

MUNICIPAL COURT

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     This act would repeal the current authorization for the town of Portsmouth municipal court

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and establish an authorization which would expand the jurisdiction of the Portsmouth municipal

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court to include a municipal housing court to adjudicate violations of the state building code.

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     This act would take effect upon passage.

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